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(영문) 인천지방법원 2017.10.18 2017고단5199
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On October 13, 2010, the Defendant received a summary order of KRW 2,50,000 from the Incheon District Court to a fine of KRW 2,50,000 due to a violation of the Road Traffic Act (driving), and on June 3, 2014, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act from the Incheon District Court.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on two or more occasions, Defendant 2 driven BM5 car at around June 13, 2017, under the influence of alcohol level of about 0.181% from the 700 meters away from the roads in the south-gu Incheon Metropolitan City, Nam-gu, Incheon, to the backside of the Namdong-gu, Incheon, to the backside of the 239 and the 700 meters away from blood level.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place of business, and report on the occurrence;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (report attached to such previous summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant's reasons for sentencing under Article 62-2 of the Criminal Act include two times the same power and the record of punishment for driving without a license, which led to repeating the crime despite the fact that the drinking content of this case is relatively high, the defendant's responsibility is not exceptionally applied.

However, the past records are not the punishment of a fine, but they have no record of crime exceeding a fine, and the defendant is currently repenting his mistake in depth, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as the order, taking into account the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime.

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